USWNT vs. US Soccer Federation: The Players' Affidavit

8/18/2019 USWNT vs. US Soccer Federation: The Players' Affidavit

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ATTACHMENT A

I. We have been employees of Respondent, the United States Soccer Federation,since each of us were selected as soccer players on the United States Women’s

National Soccer Team (“WNT”) . At all times relevant to this charge of1

discrimination, the Federation also employed and continues to employ individualsselected as soccer players on the United States Men’s National Soccer Team(“MNT”).

II. The WNT has enjoyed unparalleled success in international soccer, winning threeWorld Cup titles and four Olympic Gold Medals – an accomplishment that no othercountry on the men’s or women’s side has reached in Olympic competition. TheWNT also has achieved numerous other first place wins in significant internationaltournaments and is currently ranked number one in the world, a position it has held ona near continuous basis for the last 7 years.

III. Our team won its third World Cup title on July 5, 2015. The game captured thehearts of approximately 23 million viewers, making it the most watched soccer gamein American TV history. We embarked on a post-Cup Victory Tour, which drew tensof thousands of fans to soccer stadiums across the United States and tens of millionsof dollars into the Federation’s coffers.

IV. In fact, according to the Federation’s most recent annual report ( see Exhibit 1, p.54, Chart 1), it initially projected a combined net loss for the national teams of$429,929 for FY 2016 (April 1, 2015 – March 31, 2016). But thanks almost

exclusively to the success of the WNT, the Federation now projects a $17.7 million profit in connection with these teams. Id. And for FY 2017, the Federation projects anet profit from the WNT of approximately $5,000,000, while projecting a net loss ofnearly $1,000,000 for the MNT. Id. at 57-58, Charts 2, 3.

V. Unfortunately, the WNT’s on-field accomplishments and revenue generation havenot resulted in us or our fellow players earning equal or better pay than MNT players.In fact, our compensation pales in comparison to that of the MNT players. Thisdespite the fact that, as our employer, the Federation is bound by federal law tocompensate us at least equally to the rate at which it compensates MNT players given

that the women and men perform the same job duties; have jobs that require equalskill, effort and responsibilities; and perform our jobs under similar workingconditions.

VI. More specifically, the pre-game, game and post-game duties, as well as the skill,effort, responsibilities and working conditions of WNT players are substantially the

Hope Solo: 2000; Carli Lloyd: 2005; Megan Rapinoe: 2006; Rebecca Sauerbrunn: 2008; Alex Morgan: 2010.1

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same and/or greater than those of MNT players. The Federation, for example,expects both sets of players to:

a. maintain their conditioning and overall health such as by undergoing rigoroustraining routines (endurance running, weight training, etc.) and adhering to certainnutrition, physical therapy and other regimens.

b. maintain their skills by, for example, attending training camps and frequent practices, participating in skills drills, and playing scrimmages and other practiceevents;

c. travel nationally and internationally as necessary for competitive games, whichare the same in length, physical and mental demand, and playing environment andconditions; and

d. promote a positive image for soccer through media and other appearances.

The success of the WNT, however, has meant and continues to mean that we spendmore time in training camp, play far more games, travel more, and participate in moremedia sessions, among other things, than MNT players.

VII. Despite all of these facts, we and similarly situated WNT players, have been paid andcontinue to be paid substantially less than MNT players.

VIII. The Federation’s compensation structure for the WNT and MNT generally can be

divided into four buckets: (1) compensation for games called Friendlies; (2) World-Cup-related compensation; (3) Olympics-related compensation and (4) compensationfor sponsor appearances, ticket revenue and other monies.

IX. Friendlies: The Federation pays top tier WNT players between 38% and 72% ofthe compensation the MNT players earn on a per game basis.

X. Specifically, the Federation pays top tier WNT players, such as each of us,$72,000 per year to play a minimum of 20 Friendlies that year. We also receive a

bonus of $1,350 for each Friendly we win (we receive no additional compensation if

we lose or tie the game). So, if we lose all 20 games, we each receive $72,000 for theyear or only $3,600 per game; if we win all twenty games, we receive $99,000 forthat year or $4,950 per game.

XI. MNT players are also required to play a minimum of 20 Friendlies per year.They, however, receive a minimum of $5,000 to play in each game, regardless of theoutcome. They can receive compensation ranging from $6,250 to $17,625 per gamedepending on the level of their opponent (FIFA-ranked 1-10, FIFA-ranked 11-25, or

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FIFA-ranked above 25) and whether they tie or win the game. So, if a MNT playerloses all 20 Friendlies, he will earn $100,000 -- $27,000 more than similarly situatedWNT players and $1,000 more than WNT players who win all of their games. IfMNT players win all of their games against the various levels of competition theylikely would face, they likely would earn an average of $13,166 per game or$263,320 in year. A 20-game winning top tier WNT player would earn 38% of thecompensation of a similarly situated MNT player. The attached chart ( see Exhibit 2)illustrates these differences.

XII. These numbers present an even starker contrast when considering that each game over 20 played by a WNT player earns that player either no additional compensation (for a tieor a loss) or maximum compensation of $1,350. Each additional game over 20

played by a MNT player earns that player between $5,000 (for a loss) or up to$17,625 for a win.

XIII. World Cup. The compensation afforded WNT players for World Cup competition iseven more strikingly disparate than that for the Friendlies. WNT players earn only$30,000 total both for being asked to try out for the World Cup team and for makingthe team roster. MNT players, on the other hand, earn $68,750 each for making theirteam’s roster. The pay structure for advancement through the rounds of World Cupwas so skewed that, in 2015, the MNT earned $9,000,000 for losing in the Round of16, while the women earned only $2,000,000 for winning the entire tournament. Inother words, the women earned four times less than the men while performingdemonstrably better.

XIV. Olympics. Notably, the WNT and MNT players each earn $15,000 for qualifying for theOlympic team and another $15,000 each for making the roster. The Federation’sdecision to pay the men and women equal compensation for Olympic play onlyhighlights the unjustified and discriminatory animus underlying its decision to paywomen differently than men in nearly all other respects.

XV. Other Compensation. The disparity in pay trickles down to nearly every aspect of theWNT player/Federation employment relationship. The Federation, for example, paysmen a per diem of $62.50 for domestic venues and $75 for international venues, while

paying the women $50 and $60, respectively, even though they are traveling for the

same reasons. It pays men $3,750 for each sponsor appearance, while paying thewomen $3,000 per appearance to do the exact same work. The list goes on and on.

XVI.There are no legitimate, non-discriminatory reasons for this gross disparity of wages,nor can it be explained away by any bona fide seniority, merit or incentive system orany other factor other than sex.

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XVII.We, therefore, believe that we and similarly situated current WNT players have beendiscriminated against because of sex, female, in violation of the Title VII of the CivilRights Act of 1964, as amended, and the Equal Pay Act.

________________ ________________ ________________Hope Solo Carli Lloyd Megan Rapinoe

________________ ________________ Dated: 3/29/2016Rebecca Sauerbrunn Alex Morgan

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USWNT vs. US Soccer Federation: The Players' Affidavit

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